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Terms and Conditions of Use

Introduction

Welcome to the Velvetpark community, a content rich social media website where friends share their lives, discuss issues, and enjoy exclusive content. Velvetpark Media (‘Velvetpark’) service is operated by Velvetpark Media Inc., and consists of the Velvetpark Web sites and other features and services offered by Velvetpark and its corporate affiliates in connection with the sites (collectively the ‘Velvetpark Service’). Velvetpark may be accessed through the Internet and through WAP services provided by certain mobile network providers. By accessing or using the Velvetpark Service, you signify that you have read the following terms and conditions (the ’Terms of Service’) and accept and agree to be bound by them, whether or not you register with Velvetpark. Where applicable under law, these Terms constitute a ’writing signed by you.’

Changes to Velvetpark and the Terms of Service

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. If we do this, we will post the changes to these Terms of Service on this page and we may send registered users an email notifying you of the change. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL STOP USING THE VELVETPARK SERVICE. YOUR CONTINUED USE OF THE VELVETPARK SERVICE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE OR RECEIVING OUR EMAIL NOTIFYING YOU OF THE CHANGE WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.

Eligibility and Registration

You must be 18 years or older to use the Velvetpark Service. By registering for the Velvetpark Service, you represent and warrant that you are 18 or older and that you have the capacity to understand, agree to and comply with these Terms of Service. You should provide true, accurate and complete registration information to be a Velvetpark member (’Member’), and also maintain the accuracy of this information. As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.

Use or membership with the Velvetpark Service is void where prohibited.

Member Conduct and Appropriate Content

The Velvetpark Service is made available for your personal, non-commercial use only. You may not use the Velvetpark Service for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content (’Materials’) that you submit, post, and display on the Velvetpark Service.

We may, but shall have no obligation to, remove or limit access to Materials originating from any Velvetpark user that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party’s intellectual property or other proprietary rights or these Terms of Service. Further, under no circumstances does Velvetpark have any obligation to check the accuracy or truthfulness of any Materials, nor to monitor any Member’s use of the Velvetpark Service.

Velvetpark reserves the right to deactivate user accounts and user names that have been inactive for more than 180 days.

Conditions For Use

You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the content of your transmissions through the Velvetpark Service. By way of example, and not as a limitation, you agree NOT to:

Defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others.

Use other Members' personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other Members.

Submit Materials that are unlawful or promote or encourage illegal activity or that would violate the property rights of others.

Submit Materials of any third party without such third party's prior written consent, or Materials that falsely express or imply that such Materials are sponsored or endorsed by Velvetpark.

Create a false or misleading identity of, including, but not limited to, a Velvetpark employee, or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others.

Transmit, email or post any material that contains in any form software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

Use the Velvetpark Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the website.

Attempt to gain unauthorized access to the Velvetpark Service, other accounts, computer systems or networks connected to the Velvetpark Service, through password mining or any other means.

Modify, adapt, translate, or reverse engineer any portion of the Velvetpark Service, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the Velvetpark Service, except as expressly authorized by Velvetpark.

Reformat or frame any portion of the web pages that are part of the Velvetpark Service.

Upload, post or disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law.

Remove any copyright, trademark or other proprietary rights notices contained in or on the Velvetpark Service.

Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.

Interfere with another Member's use and enjoyment of the Velvetpark Service.

Harvest or collect email addresses or other contact information of Members, including usernames, from the Velvetpark Service by electronic or other means.

You must be at least 13 years of age to use Velvetpark.

Proprietary Rights

Velvetpark does not claim any ownership rights in any Materials that you submit, post, or display on or through the Velvetpark Service. After submitting, posting or displaying Materials on or through Velvetpark, you continue to retain all ownership rights in such Materials, and you continue to have the right to use your Materials in any way you choose.

Trademarks

Velvetpark, Dyke Culture in Bloom is a service mark of Velvetpark Media, Inc. All rights reserved. You may not use any Velvetpark Media service mark, logo or graphics without Velvetpark Media's prior written consent.

Copyright Policy

You may not post, modify, distribute, or reproduce in any way any copyright material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. Velvetpark respects the intellectual property rights of others and reserves the right to terminate any user's access to the Velvetpark Service according to these terms of use if Velvetpark is notified that such user's activities infringe the rights of third parties on more than one occasion. If you believe that your work (or the work of a third party on whose behalf you are entitled to act) has been copied in a way that constitutes copyright infringement, please file a copyright infringement notification (Notice) with us, by sending a written communication which should include the following information, in the same order as is set out in (i) to (x) below:

(i) statement that you have identified material on the Velvetpark Service which infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act, if applicable); (ii) a description of the copyrighted work that you claim has been infringed, which should include the type of work (such as a book or a sound recording) and any relevant further details (such as the title and date of publication, as applicable); (iii) the country or countries to which your copyright applies; (iv) a description of the way in which the copyright material has been infringed; (v) a description of where the material that you claim is infringing is located on the Velvetpark Service (including a URL and/or screen shot); (vi) your address, telephone number, and email address so that we may get in contact with you; (vii) the contact details that you would like us to provide to the alleged infringer so that they may contact you directly, in order to attempt to resolve the complaint; (viii) a statement by you that you have a good faith belief that the disputed use of the copyright work is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law; (ix) a statement by you, made under penalty of perjury, that the above information in the Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf and (x) an electronic or physical signature (which may be a scanned copy) of the copyright owner.

Once you have completed the Notice, having included all of the information set out above, please send it to:

By e-mail: info@velvetparkmedia.com

If you are unsure as to your rights in respect of your copyright material, or whether there has been an infringement of your rights, we suggest that you take legal advice before sending a Notice to Velvetpark. This 'notice and takedown' process is regulated by statute. There may be negative consequences if you falsely allege copyright infringement or send a Notice to Velvetpark in bad faith.

Copyright Counter Notice

If you believe that any material that you have uploaded on to the Velvetpark Service has been removed in error, or that the content in question does not infringe the copyright of any third party, you may file a counter-notice (' Counter-Notice') with us, by sending a written communication which should include the following information, in the same order as is set out in (i) to (iv) below:

(i) specific details of the material that has been removed or to which Velvetpark has disabled access and the accompanying location of such material; (ii) your name, address, telephone number, email address and a statement that you will accept service from the person (or an authorized representative of such person) who provided Velvetpark with the complaint in question; (iii) a statement by you that you believe (acting in good faith) that the material identified above was removed as a result of a mistake or incorrect identification of the material to be removed and (iv) an electronic or physical copy of your signature (which may be a scanned copy).

Once you have completed the Counter-Notice, having included all of the information set out above, please send it to:

By e-mail: info@velvetparkmedia.com

If you are unsure as to your rights in respect of your copyright material, or whether there has been an infringement of your rights, we suggest that you take legal advice before sending a Notice to Velvetpark. This 'notice and takedown' process is regulated by statute. There may be negative consequences if you falsely allege copyright infringement or send a Notice to Velvetpark in bad faith.

If you are unsure as to your rights in respect of your material, or whether there has been an infringement of copyright, we suggest that you take legal advice before sending a Counter-Notice to Velvetpark. This 'notice and takedown' process is regulated by statute. There may be negative consequences if you make false allegations or send a Counter-Notice to Velvetpark in bad faith.

Internet/WAP Access

Velvetpark shall not be responsible for any connection or access to the Velvetpark Service by you or the quality of the transmission of any information passing between you and the website. You will be responsible for providing your own communications equipment to access the Velvetpark Service via the Internet or WAP service, and the Internet/WAP access charges thereon. You recognize that Velvetpark shall not be responsible for any reduced functionality resulting from, or in connection with, your use of the Velvetpark Service via WAP.

Termination of the Velvetpark Service

These Terms of Service will apply to your use of the Velvetpark Service. At any time, you can terminate your account which will remove your profile and other personal information from view. We may terminate your membership immediately at any time, for any reason. Once your membership terminates, you will have no right to use the Velvetpark Service. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.

Velvetpark may also, in its sole discretion and at any time, discontinue temporarily or permanently providing the Velvetpark Service, or any part thereof, with or without notice. You agree that any termination of access to the Velvetpark Service under any provision of the Terms of Service may be effected without notice, and acknowledge and agree that Velvetpark may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Velvetpark Service. Where possible, Velvetpark will use reasonable efforts to give Members fair notice of termination or suspension of their access to the Velvetpark Service. Further you agree that Velvetpark shall not be liable to you or any third party for any termination or suspension of access to the Velvetpark Service or modification of the Velvetpark Service.

Disclaimer of Warranties

Velvetpark and its affiliates, licensors, partners, members, suppliers, employees, consultants and agents (collectively, 'Velvetpark and its Affiliates') disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information, content or Materials displayed on the Velvetpark Service.

Velvetpark and its Affiliates further expressly disclaims (1) that the Velvetpark Service will meet your requirements and will be uninterrupted, error-free, timely, or secure, (2) that defects or errors will be corrected, (3) that the Velvetpark Service or the server that makes it available are free of viruses or other harmful components, and (4) that the use of or the results of the use of the Velvetpark Service or the content made available as part of the Velvetpark Service will be correct, accurate, timely, or otherwise reliable.

Velvetpark and its Affiliates expressly disclaims any and all responsibility and liability for the conduct of any other Member, and expressly disclaims that the content and Materials of the Velvetpark Service input by other Members is correct or accurate.

VELVETPARK, ON BEHALF OF ITSELF, AND ITS LICENSEES, PROVIDES THE VELVETPARK SERVICE, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, LINKS OR ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE VELVETPARK SERVICES), PRODUCTS, AND SERVICES INCLUDED THEREIN ARE PROVIDED 'AS IS,' 'WITH ALL FAULTS', 'AS AVAILABLE', WITH NO WARRANTIES WHATSOEVER. VELVETPARK EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you.

YOU AGREE THAT YOUR USE OF THE VELVETPARK SERVICE IS ENTIRELY AT YOUR OWN RISK.

Hold Harmless and Indemnity

You agree to hold harmless and indemnify, and at Velvetpark's request defend, Velvetpark, its parents, subsidiaries, and affiliates, and their respective owners, officers, managers, members, agents, and employees, from and against any third party claim arising from or in any way related to your use of or conduct on the Velvetpark Service, or your Materials, including any liability or expense arising from all claims, liabilities, losses, damages (actual and consequential), suits, judgments, litigation costs, expenses, and attorneys' fees, of every kind and nature. In such a case, Velvetpark will provide you with written notice of such claim, suit or action.

Limitation of Liability

YOUR USE OF THE VELVETPARK SERVICE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES WILL VELVETPARK, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, MEMBERS, AGENTS, AND EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE VELVETPARK SERVICE, WHETHER OR NOT VELVETPARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE VELVETPARK SERVICE, FROM INABILITY TO USE THE VELVETPARK SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE VELVETPARK SERVICE OR ANY COMPONENT THEREOF (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE VELVETPARK SERVICE OR ANY PART OF THE VELVETPARK SERVICE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE VELVETPARK SERVICE AND ITS RELATED WEBSITE.

Your Interactions with Other Members

You are solely responsible for your interactions with other Members. You understand that Velvetpark does not in any way screen its Members, nor does Velvetpark inquire into the backgrounds of its Members or attempt to verify the statements of its Members. Velvetpark makes no representations or warranties as to the conduct of Members or their compatibility with any current or future Members. In no event shall Velvetpark be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Velvetpark Service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users of the Velvetpark Service or persons you meet through the Velvetpark Service. You agree to take reasonable precautions in all interactions with other Members of the Velvetpark Service, particularly if you decide to meet offline or in person. In addition, you agree to review Velvetpark's Dating Safety Tips http://www.velvetparkmedia.com/dating-safety prior to using the Velvetpark Service. You understand that Velvetpark makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Velvetpark Service. You should not provide your financial information (for example, your credit card or bank account information) to other Members.

Membership and Subscription; Pricing

You may become a Member of the Velvetpark Service at no cost.
As a Member, you will have the ability to participate in all of the features and services available within the Velvetpark Service.

Current Information Required

YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY VELVETPARK IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. IF YOU FAIL TO PROVIDE VELVETPARK ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT VELVETPARK MAY CONTINUE CHARGING YOU FOR ANY USE OF THE VELVETPARK SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE VELVETPARK SERVICE (CONFIRMED BY YOU IN WRITING UPON REQUEST BY VELVETPARK).

Member Service Statutes

This Agreement and the Website are intended to comply with all State and federal laws governing social networking services, to the extent that such laws apply. If any statute, law or ordinance creates any additional or different requirement than those contained in this Agreement, such statute, law or ordinance shall control. You must be at least 13 years of age to use Velvetpark.

Reliance on Content, Advice, Etc.

Opinions, advice, statements, offers, or other information or content made available through the Velvetpark Service, but not directly by Velvetpark, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Velvetpark does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Velvetpark Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will Velvetpark or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Members.

Notices

Velvetpark may provide you with notices regarding the Velvetpark Service or these Terms of Velvetpark Service by regular mail, email, or postings to this Web site.

Legal Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the Velvetpark Service.

Velvetpark reserves the right to take any legal or technical remedies to prevent the violation of these Terms and to protect the Velvetpark Service, Velvetpark users, and the rights and property of Velvetpark and its affiliates.

Miscellaneous

These Terms of Service constitute the entire agreement between you and Velvetpark with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service by a party will be effective only if in writing and signed by a party.

Please contact us with any questions regarding this Agreement.

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